oa De Jure - (478/09) [2011] ZASCA 232 (30 November 2011) : recent case law



Recently the question whether employees who are not members of a trade union may strike "lawfully" where they have not given (separate) notice to strike to their employer in terms of section 64(1)(b) of the Labour Relations Act 66 of 1995 (the LRA) was considered by the Supreme Court of Appeal. The court held a different view from the majority of the Labour Appeal Court. Since the preferred interpretation of section 64(1)(b) has been described by some as resulting in a limitation of the right to strike the judgment merits discussion (the judgment has also been referred to the Constitutional Court).


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